Main Number 404-214-0120

B&F Blog

How Do You Prove Race Discrimination?

Posted by Kathy Harrington-Sullivan | Mar 31, 2018 | 0 Comments

While the hope is that our society will eventually advance beyond all forms of prejudicial treatment, the truth is that discrimination is alive and well. Racial discrimination remains a significant problem, especially in the workplace. Unfortunately, people are still being denied employment, job promotions, and workplace benefits based on race. Although race discrimination in the workplace is strictly prohibited by Title VII of the Civil Rights Act of 1964, it can be very difficult to prove.

Forms of Racial Discrimination in the Workplace

Title VII governs virtually all aspects of employment, including job interviews, hiring, promotions, demotions, salary, benefits, scheduling, reprimands, discipline, training opportunities, and termination. Personnel who are subjected to a racially motivated adverse action at work may have recourse.

Types of Race Discrimination Claims

If you believe you have been victimized by race discrimination at work, you may want to file a complaint based on one of the following causes of action:

  • Racially discriminatory Treatment – If your employer has intentionally subjected you to racial discrimination—e.g., by denying a promotion or terminating your employment because of your race or ethnic background—then you may have a case. Even if race discrimination is suspected, however, there must be proof that the adverse action was racially motivated. Evidence may be direct (e.g., negative comments about your race to you or someone else) or comparative (e.g., you were punished for activities that employees of other races engaged in without issue). Direct evidence is the strongest evidence that your employer acted illegally. The Equal Employment Opportunity Commission (EEOC), which investigates workplace retaliation, also takes circumstantial evidence into account when making a determination about whether your employer acted illegally.
  • Race Retaliation – If you were fired or otherwise punished by an employer for filing a race-discrimination complaint, you may have a retaliation claim. It is possible to prevail in a retaliation claim even if your initial complaint about race discrimination is not substantiated. Your right to file a discrimination complaint for suspected race discrimination is not dependent on whether there is actually evidence of that discrimination.
  • Disparate Impact – This refers to discrimination resulting from a policy or practice that adversely affects members of certain races more than others. Disparate impact does not require any intent to discriminate. The widely cited Supreme Court case Griggs v Duke Power Co, 401 US 424 (1971) ruled that employment requirements (e.g., aptitude tests) that disparately impact members of ethnic minorities are illegal if the requirements are not “reasonably related” to employment responsibilities.

What Is a Prima Facie Case?

To prove race discrimination, an employee must begin by establishing a prima facie case of discrimination. To make such a case, the employee must be able to meet all four of the following conditions:

  • The employee must be a member of a protected class (as defined by Title VII).
  • The employee must be qualified for the job in question.
  • The employer must have taken an adverse action against the employee (e.g., refusal to hire, denial of pay raise, termination).
  • It must be reasonable to infer that the employef took the adverse action because of discriminatory beliefs or practices.

The purpose of requiring an employee to prove a prima facie case is to prevent frivolous claims that waste time and resources. After a prima facie case is established, the employer will be permitted to present their version of events. Usually, this will be an assertion that the adverse action was motivated by something other than discriminatory beliefs or practices.

If you believe you have been the victim of race discrimination by your employer, you need the services of an experienced employment attorney. Contact Barrett & Farahany, LLP, LLP, at (404) 238-7299 for a free consultation.

About the Author

Kathy Harrington-Sullivan

Kathy Harrington Sullivan is a Partner at Barrett & Farahany and manages the firm's case evaluation team. Because knowledge truly is power, Kathy and the Atlanta employment attorneys on her team regularly consult with and empower potentia...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

We Do Things Differently.

When you reach out to us, you will receive a complimentary consultation with one of our skilled Atlanta employment attorneys. During our initial consultation with you, we can help you to better understand your rights and will work with you to determine what course of action is in your best interest. We take great pride in providing assistance based on years of experience negotiating and litigating employment matters to protect employee interests. If you find yourself in need of dedicated legal representation, we are prepared to advocate on your behalf – our goal is always to protect employee victims of harassment, discrimination, and retaliation.

Menu